IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1170 of 2011 SUDHIR THAKUR Versus THE STATE OF BIHAR with Cr.Misc. No.1205 of 2011 DEVANAND RAI Versus THE STATE OF BIHAR with Cr.Misc. No.3636 of 2011 MURARI PASWAN Versus THE STATE OF BIHAR -----------
02 14.02.2011 All the above stated three petitions arise out of
Dalsingsarai P.S. Case No.127 of 2010 registered under
Sections 302/34 of the Indian Penal Code and 27 of the Arms
Act and accordingly, all the above stated petitions are being
disposed of by this common order.
Petitioners are named in the First Information
Report but no specific overt act has been attributed against the
petitioner in Cr. Misc. No. 1170 of 2011 and petitioner in Cr.
Misc. No.1205 of 2011 and allegedly, it were co-accused
Mintu Paswan and petitioner in Cr. Misc. No. 3636 of 2011,
who opened fire on the deceased and thereafter all the accused
persons including petitioners except petitioner in Cr. Misc. No.
1170 of 2011 fled away from there.
On repeated calls, none appeared on behalf of
petitioners in Cr. Misc. No. 1170 of 2011 and Cr. Misc. No.
3636 of 2011 whereas learned counsel for petitioner in Cr.
Misc. No. 1205 of 2011 appeared and submitted that no
specific overt act has been attributed against the aforesaid
petitioner.
In view of the aforesaid submissions as well as
facts and circumstances of the case petitioners in Cr. Misc. No.
1170 of 2011 and Cr. Misc. No. 1205 of 2011 are directed to
be released on bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to
the satisfaction of Additional Chief Judicial Magistrate,
Dalsingsarai in connection with above stated Dalsingsarai P.S.
Case No. 127 of 2010.
So far as prayer for bail of petitioner in Cr. Misc.
No. 3636 of 2011 is concerned, the same stands rejected as
there is specific allegation of committing murder of the
deceased against him.
Shahzad (Hemant Kumar Srivastava, J )